Skip to main content

About this Show

The O Reilly Factor

News/Business. Host Bill O'Reilly interviews newsmakers. New. (CC)

NETWORK

DURATION
01:00:00

RATING

SCANNED IN

SOURCE

TUNER

VIDEO CODEC
mpeg2video

AUDIO CODEC
ac3

PIXEL WIDTH
704

PIXEL HEIGHT
480

TOPIC FREQUENCY

Virginia 34, Pepsi 14, Us 11, Christie 10, Afghanistan 9, New Jersey 8, Aclu 7, Washington 7, Karl Rove 6, Stossel 5, John Stossel 5, Barack Obama 5, Obama 5, Corzine 3, America 3, New York 3, Pakistan 3, Northern Virginia 3, Mr. Rove 2, Carl Cameron 2,
Borrow a DVD
of this show
  FOX News    The O Reilly Factor    News/Business. Host Bill O'Reilly  
   interviews newsmakers. New. (CC)  

    November 3, 2009
    8:00 - 9:00pm EST  

8:00pm
news channel] captioned by the national captioning institute --www.ncicap.org-- bill: hi, i'm bill o'reilly. thanks for watching us tonight. we have a special -- bill: not really a surprise. from the jump he was ahead, mcdonnell. you know, everybody predicted that. do you see any subtles in the election we should know about? >> oh, sure. and just listen to the reaction here in richmond from this crowd. they have been anticipating this for days. they have now got the victory in hand. they are looking for a sweep. in fact, only once before in the history of the commonwealth of virginia have they won all three seats at the top of the ballot. the governor, lt. governor, and
8:01pm
attorney general. that's one of the subtles they are looking for here. then there is the question what it really means for republicans and democrats at large. only a few months ago, bill, a lot of political pundits were saying that the g.o.p. was flat on its back and wouldn't be able to recover and come out of the wilderness obama victory for months or years. now the first election called the g.o.p. has the win in their column. it raises questions what happens for democrats, particular lay creigh deeds democrat. moderate centrist from a blue dog state. there have to be concerns on the democratic party about whether or not the obama agenda and the democratic congressional agenda in washington makes it difficult for democrats to get elected in places that are red states or won by john mccain in 2008 or are just generally conservative. it is a cautionary tale out of virginia for democrats and one that prats republicans are purely delighted about. bill: that means that virginia
8:02pm
was a blue state for just one year. and then i wonder what and we have to do some reporting on this for tomorrow. i wonder what the main issue was driving the vote in virginia. was it health care? was it afghanistan? i wonder what it was? do you know? >> well, there were a number of things. we know from the exit polls, for instance, that there were issues of the size of government, that there were concerns about how much spend something underway in washington. that there are concerns about health care and cap and trade and these sorts of things. we know from the exit polls that president obama is still popular in virginia with an approval rate over 50%. however, about one in four voters suggested that some of their votes was meant to protest things going on in washington. bill: that's interesting. >> it did have an impact. it does raise questions. not dispositive but absolutely part of the consideration process. bill: the other thing is the african-american vote was much lower this year than it was for president obama last year. it went overwhelmingly for the democrat but the numbers just
8:03pm
went weren't there. carl cameron, thanks very much. now let's go to new jersey where the polls have just closed. fox news correspondent shannon bream standing by in east brunswick according to exit polling it's a tight race. christie seems to be doing well among white voters. again, it's how many african-americans turn out. what do you think? >> absolutely. that's been such a key here because, as you said, they were much more motivated and inner advised last year that historic election that sent barack obama to the white house. but we're not expecting that same base and that same minority group to turn out as strongly this year. governor corzine knew he had to motivate them in order to win this race solidly. we do see that among whites. white men, christie comes out on top and among white women he comes out on top. by margins that put him ahead by 20 to 30 points. bill: wait, wait, shannon. 68% white men voted for christie. 32% for core vine -- corzine.
8:04pm
67 voted for christie and 433% for corzine. and black going for corzine. what this race is all about is how many black voters turned out in places like camden and newark. >> that's true. you know, the president was such a big part of the governor's efforts to make sure that he got the minority votes out and motivated them to come, you know the president was here three times but even when exit polls asked voters here in new jersey how familiar the president impacted the race? looks like it's a wash. 19% came out to show my opposition to him, 20 percent said just the same on the other side. 60 percent said it didn't factor in for them. it's hard to know at this point whether or not the president motivated the base. specifically african-americans to come out. bill: it doesn't matter. >> and to get governor corzine reelected. >> if republicans win the state of new jersey it's a huge defeat
8:05pm
for president obama. we will be back with carl cameron and shannon bream later on in the evening. let's bring in one of the most astute and that's what he told me political analyst in the country, karl rove. i bought it when you told me you were astute. >> i didn't say that to you. we are starting off on the wrong foot right off the bat. bill: can't you just play along, rove? >> you make me look like i have a big ego. i'm a modest guy with a lot to be modest about. bill: all right, now, i don't know if there this there is going to be any surprising tonight except for new jersey. new jersey is the state and the exit polling in new jersey overwhelmingly white voters voted for the republican and overwhelmingly the black voters voted for the democrat. same thing in virginia but the numbers for black voters in virginia were suppressed. so i think christie is going to pull it out in new jersey. >> it's going to be a long night in new jersey. there is one interesting thing. even though corzine got 90% of the african-american vote, remember, that means that christie got potentially three times the percentage that john mccain got among the
8:06pm
african-american voters. bill: this daggettt siphoned off a fiewnchts don't pass over virginia. virginia to me is astonishing. bill: everybody knew. >> no, no. but, think about this. this was a state that went to barack obama by 6 per sen -- percentage points. the march jage for mcdonnell is 3. that is a 34 point swing. moved from the democrats into the republican column in a big turnout. this is barack obama's backyard. northern virginia looks into the south lawn of the white house. and so for there to be this huge swing, this is a very, very large swing. if i were a red state democrat i would be a little worried. bill: i asked carl cameron a question what was it that motivated the swing in virginia from one year blue state tenure to a red state. i think the three are going to sweep. i think it's going to be republican administration across the board in richmond. what is it that is causing the democrats to lose?
8:07pm
>> i think it's a combination of several things. first of all, it is a very good republican candidate who is able to articulate a positive message about jobs, economy, spending, education, things that people care about and talk around the kitchen table. it was a persistent presence of president obama's policies. remember, again, 40% of the voters live in northern virginia. they literally -- washington, d.c. is the front page of their newspaper. so they pay a lot of attention to national poes and national politics. if you look at northern virginia, president obama's popularity in northern virginia, is he popular -- 50% popular but people are using this as an opportunity to send him a message. bill: you can take an educated guess was it health care? is it the deficit? is it massive spending? something's teeing off the independent voters. >> well, look, i think it's all of that are the specifics. but the general is, virginia voted for him because they thought he was a moderate.
8:08pm
they thought he was a centrist and middle of the road and governorred to the left of that while they still hold him in good esteem, i think they are signalling they are disappointed in the direction that he has been taking thus far. bill: we have some new information now. bret baire in washington is going to fill us in. what's going on, bret? >> another call for lt. governor william bowling has won the virginia governor's race beating democrat jody wagner. we are projects that ken cuccinelli has beat steven shannon. top of the hour, big race bob mcdonnell beating degree -- creigh deeds the governor of virginia. taking that strong republican turnout as we have seen in a lot of those districts and we're able to call the down blot races as -- ballot races as well.
8:09pm
bill: i'm sorry. i didn't know you were in new york. >> he is putting it on yours. bill: i get these bills at the end of the month. what the heck is this? >> you are a generous guy. bill: are you amazed i called virginia before bret baier? i just said they are going to sweep. i'm not surprised because virginia is a state that is traditional and just got swept up in the anti-bush, pro-obama thing. new jersey, hard core lefty state, hard core lefty state. >> 57% for obama. if christie is able to pull this off, it will be an incredible victory. there is some evidence, i have been talking to people inside the christie headquarters tonight. they are doing better in burlington, a county in the south that republicans traditionally lose. they think they might have a shot at taking it. better in middle section blue collar neighborhoods doing better in places like b bergen.
8:10pm
bill: how are they doing among the deceased voters? >> i admire people. i want to be burred when i die in texas because i want to remain politically active. bill: around halloween there are a lot of people rising and they hang around for a few days there is a lot of corruption in new jersey. in fact, both sides have lawyers all over the place. >> republicans looked at what have happened in the past elections and lawyered up and platoons of lawyers. bill: all those places. >> particularly this year with the weird new law in the state that allows people to vote by mail, you know, traditionally new jersey has had a very tough law with regard to absentee ballots. you had to have. bill: now you can vote by mail. tough to get a stamp when you are in a coffin but you can do it. >> you have friends and relatives who can provide you with postage. bill: we will hold mr. rove over because barack obama has really got a problem with iran. it hasn't been getting a lot of publicity. i'm going to ask mr. rove about it in a moment.
8:11pm
john stossel scorched by the "new york times." stossel will fight back on the factor. up ahead. preer anaidn tor m kr liav preer g w wrs ep ie er
8:12pm
8:13pm
so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. robert shapiro: we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. bill: continuing now with fox news political analyst karl rove who believes president obama might not be very happy tonight. one of the reasons is iran, which continues to be deceitful in the nuke controversy. if you are advising president obama, you got the russians not cooperating right now on any
8:14pm
kind of economic sanctions. they are going to send them gasoline, if we do that, which means the blockade or the economic sanctions are not going to work. what do you tell him to do about iran? >> he has to do something. you cannot be told know like the iranians have just -- the iranians said yes, we will agree to a deal. let's work to send that uranium out of the country. bill: then they reneglected like they always do. >> then they renegged. looks like they said no, which have done a dozen times before, you have got to have a consequence. and so there needs to be something done. now, russia is saying we won't agree with sanctions. well, fine, remember, russia is a in terrible economic shape. huge depression. their economy will contract by as much as 20% this year. they have huge problems. i think the president has to say to france and germany and britain, particularly france and
8:15pm
britain, which have been great allies on this, we need to do something to begin to twist the pressure and bring more pressure to bare on the iranians. maybe it's close off a bank. maybe it is to say we are going to put sanctions on this kind of material. maybe it's to go whole-hog and say importation of gasoline is forbidden and let the russians bare the economic price of having to deal with that you cannot let the iranians get away with this current strategy and not have a consequence. bill: he has got to come up with a consequence. have you offered him a few ideas. >> i'm sure they are thinking about consequences, too. bill: i'm not sure if they are now. i'm losing confidence of the foreign policy apparatus of the obama operation. i will tell you why. they were doing well in pakistan. that's their big success story over there holbrook is a tough guy. he said look to pakistan you have got to go up and get these guys, the taliban. and they're. at least that's what we read. afghanistan is a mess and it's continuing to be a mess. i suspect obama after the
8:16pm
election will send troops over there he is tentative. you have got to admit he is tentative. >> i don't even give him credit for pakistan as much as you do. remember, what caused the pakistanis to get really tough? it was when their interest became aligned with ours taliban swat valley breaking the agreement 40 miles from their capital in violent acts that they fought they had contained by their agreement. they said we really can't trust the pakistani taliban. we have to get these guys. that's what successful diplomacy does brings your interest and ally's interest together. bill: whatever it might be, the for the first time the pakistani army is giving tough time. i'm going to give obama credit for that in afghanistan i'm not. we don't know what's going on there. in iran, stratfor.com which is what we use to assess a lot of the overseas stuff the mullahs think he is weak and so does putin. >> that's why he has to have a consequence. we are not the only people watching. this it's not only ahmadinejad and the mullahs, not only putin,
8:17pm
but it's the with rest of the world. having personally extended the united states and personally extended himself and personally extended his own state department to be involved face to face with these people and to let them get away with no consequence it would be devastating for the rest of his term in office. bill: the voters tonight, i don't believe, voted foreign policy. i mean, i think it was mostly the health care mess that is hurting obama obama. that's my opinion. i can't really back it up but i think you will see subsequent interviews that say it was the health care mess that has hurt obama, mostly. the iranian coverage getting very little coverage. they are not covering it because they know the only solution is a tough guy solution at this point and the liberal media doesn't want a tough guy solution. >> i agree with you that foreign policy played very little role. that was unfortunate for the white house. one of the reasons they have delayed the decision on afghanistan was they were afraid if they made a decision that involved any more troops to afghanistan before this election today it would have undermined their base in new jersey and
8:18pm
virginia and elsewhere in the country. bill: teed off the far left people. finally, when you have a president and you went through this with president bush, in office for just a year, it's really not fair to assess him after a year, is it? i mean, what kind -- what kind of a comfort zone should we give president obama? i want to be fair to the man. right now i'm against health care. i think it's a mess. i think it's a disaster. i'm disenchanted on afghanistan. i don't know if i'm being fair to the guy. there are things that he done. he led us to belief he would be cautious on deficits. he wasn't. he let us believe he would quote scrub the deficit. he has instead gone on spending free. he led us he would be reluctant to bail out the car companies. then along came health care. remember he ran campaign ads called government-run health care is quote, extreme. that is not how he has governed.
8:19pm
he has undermined the confidence of the american people in a way numbers in virginia. bill: it's a confidence deal. >> it's a confidence deal. bill: the health care thing that debacle is driving that deal. karl rove, thanks. >> nice to see you. bill: directly ahead a advisor will weigh in on tonight's vote. get a different point of view. is it l lal on the aclu. why is the group sticking up for teenagers who shame themselves on the internet? legal coming up.
8:20pm
8:21pm
8:22pm
bill: continue with our election coverage. if we get results on the new jersey race we will bring ito you right away. with us is advisor matthew littman. the confidence factor, karl rove and i to some extent believe that the president may be losing some confidence among independence and that's what is driving the republican vote. are we wrong? >> yes. i think in a couple of cases here. in the republican vote that may be true. in the independents and the democrats, obama is still very popular. popularity close mid 50's to 60% in virginia and new jersey. what's happening in new jersey is new jersey is in a lot of trouble as a state.
8:23pm
their economy is in the toilet. just as if you look at california. arnold schwarzenegger, a republican, if he was on the ballot this year, he would probably lose. it's no reflection on barack obama. but if you are in a state that's not doing well, you are the governor of that state up for election right now, you are in trouble. bill: but virginia is not doing poorly. virginia is ok. and plurality for the republican has to include most independents in the state. it was a rout. >> right. in virginia you have a lot of moderates and the truth is that in virginia the better candidate was the republican candidate who, by the way, in none of his ads said that he was a republican. he ran as a moderate. and he didn't -- he identified himself with the blue background that the democrats usually use. used hope in his ads. he ran as a moderate. bill: but everybody knew he was a republican because they to pull a lever. look, all i'm saying to you is this, you are right about new jersey, it's a disaster. and corzine has been a horrible governor. there is no doubt. >> i didn't say that. bill: i know you didn't say it but he has.
8:24pm
look, the state of new jersey is a disaster, it falls on the shoulders of the governor and he, corzine, maybe has been a disaster. >> ok. bill: new jersey is a hard core, left wing state where i think christie is going to pull it out because the african-american vote is low and we though that from exit polling and it was low in virginia as well. now, people are going to say -- i don't know if this is fair. >> i will get it. but people are going to say barack obama invested a lot of time in trying to get corzine reelected. so, he failed. and you say? >> right. well, i agree that people will say that i don't think obama failed. i think as a matter of fact is he helping bring corzine up to the point where it's a very competitive, going to be a very, very tight finish over there look, historically, the last 20 years the bushes have the presidency, democrats win governorships in new jersey and virginia. bill clinton is president, republicans win in new jersey and virginia. this follows the same historical norms that we have seen for the last 20 years.
8:25pm
bill: ok. it's always impossible to tell why things happen until you study the exit polling and then the interviews with the voters. but the perception of barack obama in the country right now, i believe, and i have no ax against the president. i think you know that. >> right. bill: i'm trying to be fair to the man. the perception is that he has not grown into the job. that the health care deal, in particular, and that's what turned me around, 2000 page bill that is a mishmash and a hodgepodge of garbage is an insult to me as an american citizen. so i think the president is losing currency rapidly over health care and afghanistan. go. >> ok. and i disagree on -- i disagree certainly on the health care. afghanistan is going to be tough. he came into a very tough situation. remember, he already added 21,000 troops in afghanistan since he took office. bill: it's not a matter of that it's a matter of him taking so long and being at odds with his commanders right now. go ahead. >> well, the commanders are
8:26pm
always going to ask for more proops. -- troops. i'm glad he is not being hasty. the healthcare system you view obama as not being up for the job. i greevment at the end of the year we may have health care legislation which no one has been able to do before him. and we did not go into the depression thanks to to and the money obama put in prevented a depression. bill: you don't think people losing confidence in him how do you explain rasmussen among likely voters, people who voted today, a 46% job approval rating. that's a big drop. >> well, that's the rasmussen poll. bill: the rasmussen is the best. >> to you. bill: rasmussen is the best. >> i disagree. bill: he called it right exactly on obama's victory. exactly right. >> and i think a lot of other people called that pretty close too. bill: not as good as he did. >> most people have obama.
8:27pm
i think he is still pretty popular. the economy is still in a lot of trouble. until the economy turns around, which most people as you have also seen in the polls recognize that he inherited, until it turns around his popularity is not going to go back up to 65%, 70%. that he was the situation he is in. a lot of tough decisions. you have got to use your popularity, a little bit of the goodwill people have to make tough choices. you are going to take a hit in popularity. that's ok. bill: plenty more ahead as the factor moves along this evening. this is a special election edition as you know. the "new york times" hammers john stossel. he has some fight-backwards for them. can't wait. is it legal? on a judgment against pepsi-cola, $1.2 billion against pepsi. we hope you stay tuned for those reports. @@
8:28pm
8:29pm
8:30pm
bill: john gave a speech in front of the americans for prosperity group, a conservative free market outfit. the "new york times" didn't like it. no, they did not. saying it was another example of the conservative bias at fox news channel. here now the very, very controversial john stossel. before we let you hammer the "times," which you can do as much as you want, you have been following the gambling on the new jersey gubernatorial race. intrade.com? what is intrade.com? >> it's a web site run out of ireland because it's illegal in america to bet on these things. but karl rove may be a genius but i think the best predictor
8:31pm
of elections is where people put their money where their mouths are. and that's intrade.com. corzine was as high as 65% early this afternoon. now he is down to 45%. bill: 65% were betting on him this afternoon and now he is under 50%? >> right. bill: now, that's just amusment. we are not making anything of that. but stossel is a strange guy and that's just what he does. the "new york times" says that this group, americans for prosperity, there is some kind of heinous conservative group that were fay paying you money -- i know you give it to charity, to do what? what were you doing? why are they after you? >> i make speeches. i make about 25 a year. i have done that for years. and suddenly now that i'm at fox, critics are leaping to attack me, according to the "new york times." and americans for prosperity. i like them. i'm an american. i'm for prosperity. i have discovered from 40 years of reporting that what creates
8:32pm
prosperity is limited government. and. bill: that's what these people espouse, right? >> i would like to share that with as many people as want me to speak. bill: they hire you. you flier down to arkansas. do you a couple of forums for them. do they make you sign a paper saying you hate liberals or something? do they make do you that? do you have to personally attack people? i don't understand why they are mad at you? so what you make a speech in front of a group that you respect. >> well, i'm aligned with this conservative group. bill: didn't you -- i. >> i would call them libertarian. bill: didn't you talk to that group before you went to fox. >> when i worked at abc i also made three speeches for this group but nobody worried about that. bill: nobody cared then. >> i'm sure somebody cared but the "times" didn't care. bill: now, mark feld stein, an associated professor of journalism at george washington university said your speaking to a partisan group was, quote, pretty shameful, unquote. why is it shameful?
8:33pm
>> i guess they believe that all reporters have no opinions. no point of view. bill: but you are a commentator now. >> and even before. i was a consumer reporter. i kind of invented it on tv. we made it up as we went along. bill: you have an opinion. this product is bad. this is good. here is hosing you. >> go to businesses, why are you a crook? they loved me then? i won 19 emmy awards. i got smarter. i saw how the regulation i called for made things worse. it didn't help consumers. simple competition was better. i started praising business and occasionally criticizing regulation. suddenly i stopped winning emmy awards. a journalism show had me on and i found they had titled it objectivity and journalism, does john stossel practice either? if i had been quicker i would have said look at the title of the show? it shows you have a point of view. we all do. i just admit mine. bill: ok. i am siding with the "new york times," i think you are
8:34pm
shameful. >> can't argue with you. [ laughter ] bill: look, you know what the game is. now that you are here and glenn beck found this out very quickly when he came over from ycnn. when you're here, you are a target. you become a target just by association because now you work for fox news. so they're going to find anything that you do, and this is the "new york times," which they hate us, and they're gonna put you in the pejorative light. they will put you in the negative light just because you work for us. you committed the cardinal sin of all time. you left a liberal network and you went to a traditional right-leaning network. so you will never ever going to be liked again by anyone. does that make you sad? >> well, i live with these people. they all live in my neighborhood. so that makes me sad. bill: move out to long island where i live because i live with the folks. >> i like taking the subway to work. bill: you are a pansy. come out to long island. best pizza in the world. come out there, they are regular folks. you won't have to deal with those pinheads on the upper west
8:35pm
side. >> good exercise. living with the liberals, you hear their arguments, fight with them all the time keeps me alert. bill: but, if you do that, you are a fascist. do you really want to be a fascist, stossel? do you really want to be that? >> someone did come up to me on the street and said are you john stossel? i hope you die soon. bill: you know, that was our boss. [ laughter ] >> i don't think so. bill: just a joke. all right. john stossel, everybody. >> stossel it is. bill: stossel. when we come right back, busy night for is it legal. the aclu defending some kids who exposed themselves on the net. wait until you hear. this pepsi may have to pay $1.2 billion in a lawsuit. legal will explain moments away.
8:36pm
8:37pm
8:38pm
bill: thanks for staying with us. i'm bill o'reilly. in the is it legal segment two hot topics, beginning with high school sophomores who misbehaved at a sleepover who took pictures in compromising positions and put them on myspace. extracurricular activities they could still go to school. the aclu says huh-uh, shouldn't be any punishment at all. here now is our is it legal team fox news analyst kimberly guilfoyle and lis wiehl is it another. >> aclu is definitely going to lose this case. here is what the girls did. it was a summertime slumber
8:39pm
party. off of school hours, off of schooltime. took these pictures with dollar bills down you're no whats and everything coming out in the you know whats and they put it on myspace. what the school policy says for extracurriculars not just for attending school but other things, we hold our athletes to a higher standard. can't do anything that will disrupt or demoralize the classroom. bill: that's a definition written into the school charter. >> it's not code. bill: didn't the supreme court rule on something like this. >> the supreme court said yes, schools can even have responsibility for kids when they're not on the school grounds and not in school, to a certain extent. now, here. bill: did they define the extent? >> they didn't and it's been litigated and some cases have been thrown out. buff that's where it has been real curricular stuff. bill: aclu, wiehl says, is going to lose. do you concur. >> i do concur because once again they are met ling, they have no interest in encouraging
8:40pm
good behavior on the part of students. bill: they never do. >> using students to further their ends with regards to the first amendment. bill: they say it's artistic expression. >> really? bill: these are two indiana 14-year-olds, artistic expression. >> more than just the dollar bills. bill: no. it's more. >> my point is it's very suggestive. inappropriate. i think what's right is for schools to have standards like this that the students should adhere to. this is reasonable. it was hardly excessive. teach the students some manners, some morals and ethics to be responsible adults. >> they gave the girls an out. they said if you just apologize, we will take back the. bill: that's namby-pamby. >> they wouldn't apologize? >> the aclu is offended by that. bill: what about the parents of the girls sorry, they are stupid. >> aclu went one step further and said not only do we want a resolution as to these girls but to the whole school, the whole
8:41pm
district. bill: the aclu, their resolution kids do whatever you want. >> anything goes. bill: now, another student in florida on a basketball team, 14, the basketball coach is a lesbian, all right? >> and married but, nevertheless, apparently a lesbian. bill: apparently. she has sex with the 14-year-old and 15, whatever. >> right. bill: and now the parents of the student are suing the school for what? >> they are upset because they said that the school failed to properly investigate and vet the teacher's background that had they checked in further they would be aware that she posed a threat. bill: is that true? >> if you look into the background of this particular teacher she does have an offense. bill: what's the offense? >> larceny. a theft crime. bill: still putting somebody in charge -- is it a conviction? >> it's a moral ter pay tuesday crime which shows she has a
8:42pm
tendency to be dishonest. >> this affair between the 14-year-old and the teacher went on for a couple of years. the school knew about it. i'm not sure how long they knew about it but they didn't immediately pick up the phone and call the parents. bill: i would be teed off if that were me. if that were my kid and the school knew and didn't call me they would have a lawsuit. >> the victim in this particular case is now serving in the u.s. army said she did not want her offender to go and serve any prison time. now they want the money. bill: that's a victim's right to do. >> no, it's not. bill: children have right to be protected. sprarnts a right to know if there is conduct on a kid. i'm going to say even though i'm not part of the is it legal team this is a valid lawsuit. pepsi, pepsi, pepsi. no coke, pepsi. that's a john ba belushiy reference.
8:43pm
how can court rule that pepsi-cola has to pay 1.2 billion because a guy said they stole my idea for water. how could that possibly happen. >> they said they stole their idea for aqua fina 15 years ago. bill: it just took them until now to figure that out? >> here is what happened. they said -- the plaintiff sent the complaint to the wrong address. all right? so then it finally got forwarded to the right address and a secretary at pepsi was too busy getting ready for a board meeting to get the complaint to the people that she needed to get to. so there is a little bit of an issue for pepsi. bill: the judge basically punished pepsi because pepsi didn't answer a nuisance complaint. this is a nuisance complaint. >> it's called a default judgment. it will be thrown out. pepsi will definitely have a chance to respond. and, again, the quicker here is when you are talking about something that's happened 15 years ago and now maybe now i'm just -- bill: i'm more interested in the judge here, guilfoyle. >> the judge tried to punish
8:44pm
pepsi to the tune of 1.26 billion? now you wonder why our system of justice sought of control? bill: number one it's a nuisance complaint from 15 years ago. it's crazy. number two an honest mistake by a secretary who was too busy. we didn't know. and, number three, why are you overreacting? >> activist judge trying to punish a large company corporate america to the tune of 1.26 billion. unjustified. not like this case was heard on the merits. oh too bad. dog ate your homework and you didn't file the paper. that's the problem. bill: do we know the judge. >> don't know the judge. maybe you did, kimberly, i don't know. the buck does stop with the board and just to blame a secretary, they should have known about it. they screw up in not answering the default judgment. bill: they may have thrown the secretary under the bus. they might have done that the fact of the matter is in our system judges can do whatever they want. >> absolutely. bill: now they will appeal to another judge. is this a federal lawsuit. >> it's a federal lawsuit,
8:45pm
absolutely. bill: it will go up another notch. they will throw it out. >> absolutely throw it out. >> these type of judgments, the consumer to offset the loss of damages like this if it stands we pay for it. bill: i don't know that we pay for it. >> >> drink coke now. bill: pepsi raises prices i will drink mountain dew -- that is a pepsi product. dr. pepper. we expect this to be overturned. is it legal, everybody. there they are. in a moment we will go to martha maccallum who has been looking at exit polling this evening across the country. then charles krauthammer will analyze tonight's vote as the factor election edition continues. sheomcotols..drs
8:46pm
s aer of73ea sheomcotols..drs ay w ♪
8:47pm
8:48pm
bill: back of the book segment tonight. fox news has done exit polling and to give us the headlines is martha maccallum. we asked to you come up with two things that startled you. what did you come up with? >> i will tell you what i found surprising, bill. the first thing is the question of more government or less government? hotly debated all across the country right now. what did the virginia voters think when they went to the polls? interestingly, a majority of virginia voters felt we would be better off with less government. you can see the number right there, 51%, that's clearly
8:49pm
reflected in their support of bob mcdonnell. the big question is going to be whether or not the numbers hold up in new jersey. so far what we have seen among new jersey voters they say they need more government help and that's 51%. so whether or not that's going to be reflected in the outcome, which may come late tonight, may come early tomorrow morning remains to be seen. that's a big question because everyone wants to know what you can glean from the elections on a broad and national picture. that's telling us something tonight. another thing pretty interesting is the time of decision for new jersey. we all know that president obama spent time in new jersey recently over the past few days. he was there supporting jon corzine, the incumbent governor there among the people who decided to go for corzine in the last few days a majority decided to go for corzine. those who just decided majority went for corzine it would appear that the white house could feel pretty good about the work they did in new jersey this week it seems to be helping jon corzine a little bit at least among late deciders. other weird thing about it is that daggettt, the independent
8:50pm
candidate in new jersey also benefit in last-minute voters. so double digit of folks who just decided in the past few days you know what? i don't like corzine or christie i'm going to go for daggettt which may have interesting ramifications when we finally get the number. late tonight or tomorrow morning. we will see. bill: deciders on christie and corzine? was there a percentage on it. >> that number is a little bit higher for those who went for corzine. there is not a lot of late deciders. it's in the teens overall. but a majority of them go d. go for corzine after the president's visit this week. bill: thank you very much. let's bring in charles krauthammer in washington who has some thoughts on what we know right now. charles, what's the most important thing you have seen so far. >> i think what this night does is it completely explodes the mittology of the meaning of the 2008 election. you will remember after the 2008 election people talked about the reassignment, about a new era, about the republicans becoming a rump party of the south.
8:51pm
even losing parts of the south how this was the death of conservatism. all these theories about what happened in 2008. now we see within a year what i think was even obvious at the time. 2008 was exceptional election, extremely unusual. a candidate with charisma. the first african-american. the co-ed swooning in the aisles as he spoke at universities. a huge increase in african-american turnout. you had it occurring at a time of economic collapse. you had the lehman collapse six weeks before the election. all of this up popular presidency two wars and still the democrats only win by a margin of 7. here we are a year later and we can see have a femoral and one shot 2008 was. look at virginia. well, if you look at virginia, where mcdonnell is ahead by 20 points and obama was ahead by 5. that's a swing of the quarter of
8:52pm
the electorate. bill: karl rove and i basically said that health care is now hurting the democratic party. it's hurting them. do you concur? >> absolutely. what's really interesting is that in virginia health care is the second highest most important issue if you ask the voters. now, that's relatively unusual in much of the country it's lower down because i think virginia is in the washington media market, so it gets all of these national issues every night broadcast. so, you have got it at 20%, just below the economy as the most important issue. it clearly hurt the democrats. it clearly is hurting around the country. but i think most especially in virginia where you would not have expected it to rank so high in terms of concern. and it feeds into the idea of an obama, a democratic administration overreading the mandate in 2008 and deciding it's going to remake america as
8:53pm
a result of a mandate it never had. bill: well, it's also an inefficiency on the part of the democratic party when you kick out a 2,000 page bill that nobody can understand. a mishmash of god knows what. americans get -- i'm angry. i want health care reform. but i don't want this. nobody knows what this is and it may bankrupt the country. and ties into the confidence in the president. now, i see and i see in the polls a ghinment -- ghishment of confidence. when barack obama rode in the confidence level was high. here is a guy who can do it. it's a tough job but is he bright and he can do it. a year later, i think that confidence level is down 25%? >> look, he came, in he was a conjurer, he was a magician. he spoke in a way nobody had spoken. he had the country sort of at his feet.
8:54pm
yes, we can you had crowds chanting. childish slogans that looked like the cultural revolution at times. all of a sudden people wake up. and they wake up because we have now had a year of real governance. you can't just speak. you can't -- he has given 28, 29 speeches on health care. every time he gives a speech his support diminishes, why? because if you talk about health care in the abstract, he sounds ok. but, there comes a time when you actually have to produce a bill. you can read a bill, and the bill has numbers on it. and the assessment c.b.o. comes in and gives assessment on the numbers and says there is going to be a trillion dollars and the country is going to go bankrupt as a result and people understand that speeches and all of this stuff he gave us a year ago is what a candidate does. but as a governor, as a person who is in office and governing, his administration and the democrats in congress has given
8:55pm
us monstrosities. a stimulus, which was a trillion dollars, you know a wish list of liberal ideas and paybacks. and now a trillion dollars in health care. bill: it is. it is frightening as far as down the road what's going to happen to the u.s. dollar. final question now. if corzine wins in new jersey, which is certainly possible. then the white house is going to declare victory. what happens in virginia is not going to matter. upstate new york is probably going to go to the conservative republican. but, if they hold on in new jersey, to the democratic seat, the governor is a democrat, obama is going to go hey, no, we didn't get hurt. right? >> that's right. and the mainstream media will go along with that because it will look like a two to one split. but the fact is that new jersey as a hugely democratic state. obama won by about 15 points. even if it is a dead heat, corzine squeezes out a victory. it's a swing of 15. it tells you that the 2008 effect -- it's -- look, inside
8:56pm
the white house, whatever is said in public is going to be a wash. they are going to announce in -- bill: i got it i have got to run. >> they will be scared to death. bill: i appreciate it the factor will be right back to wrap things up in just a moment. you
8:57pm
8:58pm
bill: no mail this evening because of our special election coverage. shepard smith, greta van susteren, bret baier will be anchoring a special report from 10:00 to midnight. finally, we would like you
8:59pm
which-to-check out the bill o'reilly.com christmas store now open. get the great american patriot gear and the mats. we also have you are entering a no spin zone mat which is excellent. if you buy a copy of my book, a bold fresh piece of humanity, there it is, you get the bold fresh tote bag free of charge. all the money i get goes to charity. weave would like to you vote in our bill o'reilly.com poll, all new, which asks at this point which republican could beat barack obama? mike huck mitt romney, sarah palin, or newt gingrich. please select one. interesting poll so far. ok? that is it for us today. that. thanks for watching this special edition of the factor. we will be back tomorrow night with dick morris, dennis miller, george stephanopoulos, kick-butt show tomorrow night. pardon my french. i am bill o'reilly. we do hope to see you next time. remember, the spin stops right